Welsh language legal bid starts

Advertisement

Ann Beynon from BT says the telecom company would prefer Welsh language services to remain voluntary.

The Welsh Assembly Government's bid for more powers to make laws to promote the Welsh language has been published.

The legislative competence order (LCO) includes the right to require some private companies to use the language, including energy and telecoms firms.

But some MPs are expected to resist the idea that using Welsh could become a legal requirement for private firms.

This LCO is one of the key elements of the One Wales agreement between the coalition parties - Plaid and Labour.

Lord Elis-Thomas, the assembly presiding officer, said it was a "hugely significant day" for the language and would, if approved, mean laws on the Welsh language would be made in Wales in future.

The LCO is the first stage in passing a Welsh law (measure) and seeks to give the assembly government more powers over the Welsh language.

PRIVATE COMPANIES WHICH COULD BE AFFECTED Gas, water, or electricity services Sewerage services Postal service and post offices Telecom services Education, training, or career guidance Railway services Services to develop or award education or vocations qualifications Betsan Powys blog on powers over the language

If the LCO is approved the assembly government will introduce a measure (Welsh law) on the matter.

Before it is approved it has to be scrutinised by both the Welsh assembly and Westminster.

Royal approval for the LCO is then needed.

The process of drawing it up has taken a year longer than planned.

The LCO would allow the assembly government to potentially bring a wide range of organisations under the provisions of the Welsh Language Act 1993.

The private companies which could be compelled to treat Welsh and English equally include gas, water and electricity services, telecommunication services - including mobile phone companies - and railway operators.

BT has already called for clarification, saying it would prefer the existing voluntary system to continue and could not see the benefits of legislation.

The move could also mean any company which provides services to the public under an agreement with a public authority, like a contract with the assembly government or council, could be compelled to provide those services bilingually.

Several Labour MPs have privately expressed scepticism about extending the scope of current language legislation to the private sector - a concern which has been intensified by the current economic climate.

The LCO also contains what appears to amount to a de facto opt out for Whitehall departments.

In order for duties on the Welsh language to be "conferred or imposed" by any future assembly measure, the LCO specifies that a Secretary of State for the relevant department must consent in advance, and even then, no criminal offences (presumably for breaches) can ever be enforced against "ministers of the Crown".

Assembly presiding officer Lord Elis Thomas told the BBC Politics Show the bid for powers on the language was hugely important.

Welsh Secretary Paul Murphy has indicated he expects changes to be made to the LCO before it is finally passed but any serious weakening of the order would cause tension between Cardiff Bay and Westminster.

Any changes may also cause problems between the two coalition partners in the Welsh assembly.